Legal Question in Family Law in New York
My divorce was finalized in 1990. I did not contest my ex husbands request for the divorce,but could not afford to pay my own lawyer - which my ex paid. In the agreement, it stated that even tho I got the house, if I remarried or sold the house, I would have to pay my ex $43,000 - which was the difference at that time, of the value of the house and his pension - also, we had added that I would be responsible for all expenses pertaining to the home, however, we would equally divide the cost of any "extraordinary repair costs "- these repair costs were not explicit - what would they include? The home is 45 yrs. old, needed a new roof, new windows, a new oil burner, hot water heater, etc. thank you for your time. I am thanking you in advance for your reply...
1 Answer from Attorneys
I cannor say from a limited set of facts what will happen if you take him back to court. Unfortunately, the statement "extraordinary expenses" is very vague. In contract law, vagueness is supposed to be construed against the drafter (him). You can also argue that you were not represented by counsel, and did not know that the less monied spouse can apply for legal fees. In fact, cases filed after Oct 11th are covered under "no fault divorce" NY has finally joined the other 49 states that allow "irreconcilable differences. The critical part of the new law is that there is a presumption that the more monied spouse will pay for (or at least a percentage of) the less monied spouse' attorney. The legislators were worried about sitations such as yours, where the less monied spouse (usually the wife) gets the short end of the stick because of lack of finances. Check Carolryderlaw.com, and e-mail me at [email protected] so we can chat.
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